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April 30, 2010

Man held in death had escaped federal prosecution

As Baltimore Sun crime reporter Justin Fenton notes today, the city's mayor wants the feds to prosecute as many gun cases as they can. And the Maryland U.S. Attorney's Office likes to brag that even being a felon caught with bullets can get you 15 years:

"It's a new day," a billboard touting this fact reads.

With a 97 percent conviction rate, and sentences that mean what they say (no parole here), the tough measures are designed to scare criminals straight. But as Justin discovered, a 97 percent conviction rate is not 100 percent, and every once in a while a defendant gets indicted in the federal system and still walks free.

That someone is Umar Burley (left). He's the 39-year-old suspected driver of a car that Baltimore police were trying to stop earlier this week on a drug case in Northwest Baltimore when it rammed into a 1999 Acura driven by 86-year-old Elbert Davis, the father of a city police officer. Police said they found 32 grams of suspected heroin on the passenger side of Burley's car.

Davis died from his injuries, the painful aftermath of the city's dangerous drug trade hitting close to home for Baltimore police (complete details of the case here). Burley and the passenger in his car have been charged with drug offenses; Burley could face a manslaughter charge.

Maryland U.S. Attorney Rod J. Rosenstein told Justin that last year's federal gun case against Burley was dismissed when a co-defendant accepted responsibility for a 9 mm semiautomatic pistol.

Still, dropping charges in the federal system is unusual, where prosecutors can carefully choose their cases and an indictment typically means a conviction is all but certain. Rosenstein admitted to Justin that it was "very rare that we have reason to reconsider a charging decision."

Posted by Peter Hermann at 7:26 AM | | Comments (3)
Categories: Confronting crime, Courts and the justice system
        

Comments

he's such a nice looking boy.

sorry about the outcome of this situation.but umar is a really good man with a sweet heart.and i know hes truely sorry for the pain hes brought upon so many people.ILY umar

I believe in law and order. My question is why isnt anyone getting tough on corporate crooks? Is it because most of them are white and their sins are forgiveable more easily. A 97% conviction rate at the expense of oppressed people. How much of that percentage covers the " high level crooks". Who will began posting the amount of money that's stolen from hard working people like doctors, business owners, and long term workers in this country who retirements have been stolen? Oh, and let's post the amount of money music producers make off their modern day ministrelsy. Who is the guilty here, just the people who commit the crimes or the educated marketer, record companies, and performers(of course we know they get a very small percentage) who promote violence, greed, lust and any thing immorale to a population of impoverished, uneducated, and oppressed culture. So, I ask again, who is guilty?

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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